Legal Opinion

Jester v. Commissioners of Lewes

Supreme Court of Delaware

Decided July 22, 1957PublishedCited by 2 opinions

1Opinion of the Court

Southerland, Chief Justice:

This case presents a single question: Is all the real estate of a municipality in this State used for public purposes impliedly exempt from county taxation, or does the implied exemption extend only to property used for governmental purposes ?

In the court below two municipalities in Sussex County, Lewes and Seaford, sued for a judgment declaring their properties exempt from county taxation. The Vice Chancellor was of the opinion that since all the properties owned by the municipalities were used for public purposes, they were all impliedly exempt from county…

2Cases cited5 opinions

  1. Flait v. Mayor & Council of WilmingtonSupreme Court of Delaware · 1953
  2. City of Providence v. HallSupreme Court of Rhode Island · 1928
  3. City of Marlin v. StateCourt of Appeals of Texas · 1947
  4. Fine v. Mayor & Council of WilmingtonSuperior Court of Delaware · 1953
  5. Jamouneau v. Division of Tax Appeals in Department of Taxation & FinanceSupreme Court of New Jersey · 1948

3Cited by2 opinions

  1. McGinnes v. Department of FinanceCourt of Chancery of Delaware · 1977
  2. CSDCPC 920 French, LLC v. Christina School DistrictSuperior Court of Delaware · 2019

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